FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 60 Regulations

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 60

  (1)   The Governor - General may make regulations prescribing matters:

  (a)   required or permitted by this Act to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and, in particular, prescribing the fees to be paid in respect of proceedings in the Court or the service or execution of the process of the Court by officers of the Court.

  (2)   This section does not prevent the making of rules or regulations under another Act with respect to a matter referred to in this section, or affect the operation of any such rules or regulations so far as they are not inconsistent with regulations under this section.

•   This Division sets out procedures to be followed during criminal proceedings in the Court relating to certain indictable offences.

•   This Division does not confer jurisdiction on the Court in relation to indictable offences. Other provisions need to have done this.

•   This Division does not set out all of the procedures to be followed during these criminal proceedings. It is supplemented by procedures set out in the Rules of Court, and also by procedures set out in:

  (a)   State and Territory laws; and

  (b)   Rules of Court of State and Territory courts;

  as applied by sections   68, 68B and 68C of the Judiciary Act 1903 .

•   The procedures set out in this Division include procedures about the following:

  (a)   preparing, amending and filing indictments;

  (b)   pre - trial hearings and disclosure;

  (c)   empanelling and discharging juries;

  (d)   pleas and verdicts;

  (e)   persons committed to the Court for sentencing.

•   There are rules about the number of jurors on a jury.

•   Before convening jury panels for trials in a State or Territory, the Sheriff needs to determine one or more jury districts for the State or Territory. A jury roll for each jury district can then be obtained.

•   Not everyone on a jury roll is qualified to serve as a juror.

•   For each trial, the Sheriff convenes a jury panel by:

  (a)   selecting the jury district and preparing a jury list from the corresponding jury roll; and

  (b)   randomly selecting some of the persons on the jury list and summonsing them to attend court for jury service.

•   The jury is then selected from those persons on the jury panel.

•   A person on the jury panel will not become a juror if they are excused from jury service, or if their inclusion on the jury is successfully challenged. A potential juror may also be asked to temporarily stand aside during the selection of the jury.

•   During indictable primary proceedings or criminal appeal proceedings the Court may grant (and continue) bail for the accused.

•   If granted bail, the accused must sign a bail undertaking.

•   A decision about bail may be reconsidered if there is a change in circumstances.

•   The Court must also reconsider bail if the accused fails to comply with the accused's bail undertaking.

•   A failure by the accused to appear before the Court in accordance with the accused's bail undertaking may be an offence, and may lead to the forfeiture of security provided as a condition of bail.